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Smart or Stupid move by BM? Need more eyes/opinions on this

RedWingsFan's picture

Ok, so BM is taking DH to court (they have mediation in 2 weeks) for increased CS and 100% custody of Stepdevil14.

DH is fighting the 100% because he doesn't want to lose custody of his kid, she's being PAS'd and he hopes one day she'll "come around" again. Besides, losing 100%, means full CS and medical to BM.

Here's my question: BM's attorney just forwarded her financial statement to DH. On her sworn financial documents, she lists her total income at $1700 per month. Rent is $1320 per month. Her car payment is $289 per month. Her utilities/cable/phone is $200. She goes on to list a few other expenses like $200 per month for "child expenses" but doesn't indicate WHAT that is, and SD is 14, so there's no daycare fees. CS is $250 that she gets every month from DH for 50/50 custody.

All in all, her expenses overcome her monthly income by over $1400!!!! Ok, so how on earth could she convince a judge that she can A. Provide for herself on that little income by living beyond her means and 2. Provide financial stability to her daughter???????

Am I missing something? Even if CS were calculated at a grand a month (which can't happen based on DH's income) she'd still be $400 short in paying her bills. AND she dropped $1800 back a few months ago for Sd's Washington DC trip....

Me thinks someone is LYING about her income vs. expenses to get more money...But, is that played well by BM claiming she is living basically in poverty and wants more money from DH or is she a fucking moron for saying Yeah, I only make $1700 a month but have almost double that in expenses? Can't that backfire by DH simply saying, "well, it appears to me that you're financially unfit to care for yourself, let alone our daughter and I am going to go for full custody based on that fact?" Just to turn it around on her?

Someone help me find what angle she's trying to use??????? Anyone?

Comments

Lalena75's picture

I'm going to bet she's a moron who thinks she will get more cs by pretending she's so poor she's living beyond her means. How to use that will be up to you guys and a lawyer.

RedWingsFan's picture

DH doesn't have a lawyer and this will go to mediation first before hitting a judge (if they can't come to some sort of an agreement).

She has an attorney though, so wouldn't her attorney advise against this? I'm stumped really. I can see a shortfall of a few hundred, cuz anyone can make that work every month, but over $1400 every single month?

He knows her alcoholic brother lives with her and pays half of everything, plus the boyfriend moved in a few months ago...

RedWingsFan's picture

Oh how I wish I could be a fly on the wall when they have their meeting in a couple of weeks!

RedWingsFan's picture

The attorneys that he has spoken with all say he can handle this himself, he has all of his ducks in a row and can prove that BM is just after more money.

In Colorado, CS is based on 2 factors: 1. Number of overnights each parent has with kid and 2. Both parents' incomes.

She did supply tax forms that show her very low income and she only works part time, retail. But she of course didn't say that she has a live in boyfriend and her alcoholic brother that pretty much takes care of rent and half the utilities.

RedWingsFan's picture

I don't know because I live with DH and my income/contribution isn't taken into consideration. Not sure...I told him to just call a lawyer.

RedWingsFan's picture

I know right? I'm just so over this bullshit. I've had a "day" and this just compounds every worry I have about our financial future for the next FIVE FUCKING YEARS that we have to pay that bitch.

RedWingsFan's picture

11 years? Holy Hell, I think I'd have a breakdown.

DH tells me the same thing. Some days I just wish he were rich though! LOL

z3girl's picture

Our BM did that last time she took DH to court. She showed that she had $40k in credit card debt that requires her to pay $2200 per month toward, as well as a $2100 mortgage, along with all the other bills. She does make decent money, but clearly lives way beyond her means. The judge didn't care at all about how she handles her finances. He only wanted to know DH's income vs her income, and came up with the amount that way.

I couldn't live with that kind of stress (living beyond my means like that!)

hereiam's picture

She is either lying about her income, which can be proven by paycheck stubs or tax returns (unless cash under table).

Or she is inflating her bills, hoping that will make a difference in the amount of CS she gets.

Or the bills are real but are being split by her and her BF but she wants the judge to think she's paying all of them. Obviously, she is not paying all of them if her income is less than her bills.

Those financial statements are a joke because never once have I heard of a judge giving a rat's ass what a person's actual bills are when figuring CS.

RedWingsFan's picture

The rent and car payment are definitely real at $1320 and $300, because she still lives in the same rental home that DH and she shared and she still has the same car. That alone adds up to almost her entire take home pay, just in rent and car.

Unfreakingreal's picture

At the end of the day courts don't care about ANYONES finances. ALL they care about is how much money you have to pay based on their ridiculous timetables.
Nothing more, nothing less.
If your DH is making more money than the last time he went to court, get ready for an increase.

RedWingsFan's picture

He's not making more, but she's going after more overnights. Unless he can vie for at least 150 overnights with stepdevil, his CS is going to go from $250 to roughly $550. If he can get her to agree to 150 overnights, it'll still go up to $448.

Either way, we're fucked.

hereiam's picture

In Colorado, CS is based on 2 factors: 1. Number of overnights each parent has with kid and 2. Both parents' incomes.

So, really, her bills don't matter and it's obvious she is not paying them by herself if they are more than her income.

Have you used a CS calculator for CO to figure out what his CS should end up being?

Unfreakingreal's picture

Sorry to hear that especially since you're now going to fight for your daughter.
However, maybe it will even out. If you get your daughter back, you can stop paying the 500 to your exH and things will get better? Crossing my fingers for you.

RedWingsFan's picture

Thanks hun. Not sure if I want to scream, cry or just curl up in a ball.

Some Friday!

Anon2009's picture

I smell a big fat lie.

I think it's sad all the way around. Sad for sd that for 12 years both mom and dad put her on an unnatural pedestal and let her run the show. Sad that she's got a PASinator bm. Sad that bm seems to be such a bad mom. Sad that dh will have to literally pay bm to both pas sd and encourage her to not work through her issues with her dad.

Dh should collect research on how kids who have strained relationships with their dads often struggle, and how girls in particular will struggle with guy issues. Maybe it'll show the judge that although he made big mistakes as a parent he's fighting to give sd a chance at turning out ok and minimizing the damage already done to her.

ETA: I would hope a good judge would see through this and call bm out on it, and court order some intense help for sd that goes way beyond the "therapy" she got before. A good therapist can see through the lies their client feeds them and properly call them out on it. Sd was lying to her therapist all right, but it seems like her "therapist" bought her lies.

I hope your dh documents away and that the judge rips bm a new one and gets this kid some help.

RedWingsFan's picture

I hear ya and you're right on all accounts. But, we're hoping it won't even get to a judge. They're hoping to settle in mediation, as it's less costly, plus they'll be coming to a mutual agreement instead of a judge doing it for them.

I'm just ffffffing over it.

omgsaveme's picture

BM here that has been through the courts MANY time with ex dumbass. The judge will not give a shit what her debt to income ratio is, he is not there to address who's the better financial fit for her. Child Support and Custodial situation are two different situations. She could say she has a room mate that splits half the bills with her, she could have a boyfriend, and all they will calculate is HER income and HER household bills. She could be living with 4 other people splitting the bills 5 ways the judge isnt going to care. Hes going to take your DH's gross income and hers and use the formula to calculate.

He can get parenting time credit's for when he does overnights, they won't give it unless they ask for it. This is the case in my state. Good luck with her getting 100 percent custody, unless your DH is a serious moron or she is at risk the judge will NOT order it. Usually when they get a certain amount of custody, they like to keep it like that.

RedWingsFan's picture

I get that. And yes, she's going for 100% but there's no way in Hell DH will agree and when he asked HER attorney, the guy said "Unless you are a drug user, alcoholic, abuse or neglect your daughter, she's not going to get 100%".

I think she just wants to shift it to the fact that she's the custodial (they share 50/50 now) parent and has more overnights so CS will increase. I have no idea what's going to happen, but I'm preparing for the worst.

RedWingsFan's picture

He plans to and has told BM's lawyer the same thing. I know BM will bring up the fact that we moved into a 1 bedroom place and that SD should have her own room if she's going to remain at 50/50, so DH planned to ask for weekends, holidays, summer and any school breaks, so that she'd be at BM's during the school week (so as not to interfere with her education) and with him during "off" times. BM's attorney said that was MORE than fair.

But even if he gets those weekends, holidays, summers and school breaks, the amount of overnights is still going to favor BM and CS will go up.

Thanks Rising. I appreciate the input. I always have valued your outlook Smile

RedWingsFan's picture

Thanks Beaccountable!

DH said the same thing about trying to turn the tables on her and say "Well, if you're living $1400 in the negative, obviously you're not providing for our daughter the way she should be and since I'm married now with a stable, loving home that is financially secure, *I* should go for full custody"

The rent is true - he used to live there and that's how much it was before.

What you say makes total sense and he plans to use that to his advantage in mediation in a couple of weeks. If anything, that should put fear into BM that he may have a chance at getting custody. But here in Colorado, the child's testimony weighs very heavily and she's been so PAS'd against dad for so long. But, we also have proof that BM isn't a great mom, allowing her daughter to do alllllll kinds of things and even pulling her out of school for 4 days to "mourn" her boyfriend moving to a new school! Yeah, real responsible BM!

StickAFork's picture

Beaccountable, he HAS 50/50 currently.
He doesn't want her around. Neither does the OP.

StickAFork's picture

RedWings, your income doesn't count for CS purposes for SD/DH.
Likewise, BM's BF''s/brother's income doesnt' count for CS purposes.
IF (big IF and if you can prove it) brother/BF PAY RENT, then that could be included as additional income.
Also, posters need to keep in mind that your DH isn't "going for" 50/50 custody. He HAS 50/50 and never sees/speaks with his child. You even chose to move to a 1 bedroom apartment so that she CANNOT stay there.
I'm rather surprised that BM hasn't filed much sooner than this.
She receives $250 for SD for 50% of the time, but she has her 100% of the time...why should DH NOT pay additional CS?
Whenever you write about this situation, you make it sound like the only reason DH says he wants to "fight" for shared custody is to save him money.
Let's be honest, $250 is hardly anything toward the costs of a teenager. You pay double that for a child you DO see.
It's likely that DH's argument for 50/50 will be denied, as if he really WANTED the time with his daughter, he'd have it. Instead, he doesn't want to see her and you most certainly don't want her in your home.

I honestly don't understand why you think DH shouldn't pay more.

It's likely a judge will look at current paper custody, current actual custody, and award accordingly. I'd start figuring out a budget with DH paying roughly twice what he pays.
Also, you may want to rethink the "not seeking CS" idea from your X if you get custody...you may NEED it.

RedWingsFan's picture

SAF, I'm normally not on during weekends but got bored. You have a few things wrong. I never said DH was going for 50/50, yes, he already has it. We moved to the 1 bedroom apt only after stepdevil had expressed that she wanted nothing to do with us, so why continue to pay for a 2nd bedroom if it wasn't practical to have? Also, you state DH doesn't want to see or speak to his daughter. If you've been reading my blogs at all, you'd know that is farthest from the truth. He's forced her, called, texted, emailed. He's done everything he can short of sitting on BM'S porch begging for SD to come outside. Even his dad and grandparents have said there's nothing else he can do to combat the bullshit BM is doing to SD.

It's BM and SD's CHOICE that she stay there full time, so even though I'd rather never see the kid again, he still wants her around even despite all the shit she's done to him. So, why should DH pay more to BM to continue PASing the kid against him and his family? She will get more, we know this. But my main point in my post was that she's clearly showing her financial instability and that she is living beyond her means just to get more money from DH. No, she doesn't derserve more money because it's her fault SD is with her full time. She chose to turn her kid against her father. Why should she benefit financially for that???

StickAFork's picture

Other posters appeared to be under the impression that your DH was 'going for' 50/50.

Hmmm, I've read that DH is basically not having contact with SD... and when he has, you appear to have gotten upset about it.

She isn't going to benefit financially. Her daughter will benefit. If BM is so financially strapped, perhaps it's because DH pays so little in CS.
I don't know... I just think you and your DH need to prepare for some big changes in your household finances.

RedWingsFan's picture

Not sure where the confusion came about.

Yes, I have been upset with the contact he's had with stepdevil because it always results in DH's heart being broken, him being disappointed or hurt. She consistently bailed on plans with him, said she'd rather be with mom's boyfriend because he buys her stuff and has shown DH over and over she wants nothing to do with him. Who wants to see their husband suffer like that?

BM has only worked for a short time (the past few yrs since they split) and only part time at that. She continues to rent a place far beyond her financial ability because her drunk brother pays half the bills. She could have moved into a smaller, more affodable place, sold her car for something cheaper, downsized in other ways, but she hasn't. That's her choice. Her cable bill alone was $245 monthly (only knew that cuz it was a shared acct and the cable company mistakenly contacted DH to ask about upgrading it).

My main point is yes, we know she wants more. And likely she'll get more. But, showing that big of a deficit in income vs. expenses doesn't make her look very responsible. Even if DH was ordered to pay her a grand a montj, she's still showing several hundred dollars short every month. To me, that just seems dangerous for her with the possibility of looking unfit.

RedWingsFan's picture

Thanks! I couldn't have said it better. I appreciate some of SAF's comments and sometimes she really does put me in my place and force me to see things differently, but when it comes to this situation - I can't see things any clearer, you know?

nothinforya's picture

SAF is right about the money. There's no way around the increase in CS. The big issue is the # of overnights, as you have said. BM's income has a very small impact on the amount of CS in comparison to # of overnights. So now you have a situation where, on paper, there is 50-50 custody, but in reality, BM bears the full cost of all SD's expenses because she is never with her father. Yes, it is her choice, but IT IS REALITY, and courts deal in reality. I think I remember your posting some time in the past that you wanted to move, but couldn't because of the custody situation with SD. Maybe it's time to move on to some other place, where you and DH could potentially earn more. Leave SD and BM to stew in their own juice for a while. It is only 3 years more of CS, less time by the day. The increase is going to be at least $200/month, no matter what gets decided about the overnights. The additional amount may be significantly more. That's reality. You are considering taking your daughter back to live with you fulltime, and not having her father support her. Yes, you will be saving the CS you currently send, but that will barely cover the additional expenses of a teenager fulltime. Maybe you and DH need to move somewhere closer to your daughter. I don't know your employment situations, but if you can move, it is something to consider. Save the lawyer $$, this is a very defined process as many others have posted, and you can see the outcome on the CS calculator as well as anyone. It may not feel fair, it may feel like you and your DH are getting the shaft, but think about all the delightful peaceful days you can share with your DH if you can just send that bitch a check!

RedWingsFan's picture

Thanks nothinforya!

I know there's no way around the increase. We've already decided that. DH is going for as many overnights as he can get (on paper anyway), as he's entitled to that per the law. She wants to take 100%, but she won't get it. No judge would just give her that for the simple reason that she wants it.

I wish we could move to another place. We simply don't have the money to move to support us long enough to get jobs elsewhere. We wanted to move to VA (which is driving distance to my daughter in MI) but the cost of living is much higher and neither of us have jobs already lined up. He's in sales, I'm in office work. Not easy to just pick up and move and pay your bills if you don't have a job to go to.

It just sucks that we'll likely be stuck here for another 4 1/2 yrs until he's done paying CS. It's not 18 here in Colorado, it's 19. SD will not turn 15 till August. So we have a long road ahead of us but not as long as a lot of people here.

As far as me paying CS to my ex for DD15, that will end when she graduates in 2016. 3 more yrs for her. There's a light at the end of that tunnel!